| Citation(s) |
|---|
| 1997 SLG 817 1997 SLD 817 1997 PLC 481 |
Lahore High Court
Writ Petition No. 1271 of 1985, heard on 19-03-1997.
KARAMAT NAZIR BHANDARI, J
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Writ Petition No. 1271 of 1985, heard on 19-03-1997.
KARAMAT NAZIR BHANDARI, J
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ABDUL KARIM
VS
CHAIRMAN, PUNJAB LABOUR APPELLATE TRIBUNAL, LAHORE and 3 others
Law:
Section:
(a) Payment of Wages Act (IV of 1936)S. 15(3)Constitution of Pakistan (1973), Art. 199Employer's liability to pay retirement benefits to employeeEmployee's claim was allowed and he was found entitled to specified amount by Authority under Payment of Wages Act, 1936Authority granted further amount of Rs.5,000 as compensationEmployer's appeal was dismissed byLabour Court whereas Labour Appellate Tribunal set aside amount of compensationValidityAuthority to grant compensation was restricted to maximum of ten times of amount deducted and in case of delayed wages a sum not exceeding ten rupeesAuthority had no power to grant compensation of lump sum amount on account of delayed wages and mental torture caused by delay and on account of litigation. Muhammad Hussain arid others v. Islamic Republic of Pakistan through Chairman, Railway Board, Lahore and others PLD 1991 SC 385 ref. (b) Payment of Wages Act (IV of 1936) S. 15(3)Constitution of Pakistan (1973), Art. 199Constitutional petitionAuthority granting compensation in lump sumAuthority had no power to grant such amount as compensation to employee on account of delay in payment of wages and on account of litigationIn case of non-payment of wages, Authority could grant compensation not exceeding ten rupeesLabour Appellate Tribunal had acted correctly in revising and recalling order of compensation of Rs.5,000 Labour Appellate Tribunal's finding was maintained in circumstances. Rana A. Hamid Talib for Petitioner. Nemo for Respondents. Date of hearing: 19th March, 1997. JUDGMENT On the alleged refusal of respondent No. 4 employer to pay the retirement benefits, the petitioner filed his claim in the sum of Rs.22,981.60 before the Authority (respondent No. 3) constituted under the Payment of Wages Act, 1936. Ten times compensation was also claimed. Vide order dated 1221984 (Annexure ' C') respondent No. 3 allowed the claim in the sum of Rs.19,013.94 and further granted Rs.5,000 as compensation on account of the number of dates of hearing and the mental torture caused to the petitioner for the delay in making the payment. Respondent No. 4 filed an appeal before the Labour Court which was dismissed on 1571984 (Annexure '…
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